M T THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) These are writ petitions filed by the agriculturists who own or occupy lands in the close proximity of reserve forests. They say that wild animals from the forests stray into their agricultural farms and cause extensive damage to the agricultural crops. Quite often, people are also attacked and injured. It is in this background, these writ petitions are filed seeking a direction to the respondents to take urgent and effective steps to provide solar energy fencing separating the agricultural lands and forest lands, and thereby to protect the farmers and the agricultural lands of the petitioners from attack of wild animals. They also seek a direction requiring the State to revise the compensation as provided in Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980, [for short, "the Rules"], as amended by the Government Order dated 16.06.2009. They also seek consideration of the representations claiming compensation in addition to the aforesaid reliefs.

(2.) We heard the learned counsel appearing for the petitioners, learned Assistant Solicitor General and the learned Government Pleader appearing for the official respondents.

(3.) At the outset, we may take note of the fact that these writ petitions were filed in the year 2010. From the affidavit filed by the second respondent in November, 2016, we find that, by that time, the State had made solar power fencing covering 1501 kms. and had also constructed elephant proof trenches, covering 584 kms. It is also stated that stone pitched trenches were constructed in 5 kms. and elephant proof walls were constructed in 35 kms. It is also stated that Kayyalas have been constructed in 259 kms. and bio-fencing has been constructed in 43 kms. They further say that, in Kannur District alone, 112.506 kms. of solar fencing is provided and construction of 9.25 kms. of elephant proof wall is in progress. According to them, watchers are also engaged to drive back wild animals straying into human settlements and rapid response teams have also been formed at various locations where mananimal conflict is an acute issue. GO(MS) No.04/2011/ F & WLD dated 01.02.2011 is produced to show that a committee was constituted to go into the issue of mananimal conflict and that on the basis of the recommendations of the committee, farmers have been permitted to hunt/shoot crop-raiding wild boar subject to certain conditions. It is also stated that Rule 2(a) of the Rules has been suitably amended to include wild boar also.